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Court of AppealOtherCivil Appeal No. 43 of 2005· [2015] KECA 34 (KLR)
Ima Agencies Limited v Budhia Builders & Erectors [2015] KECA 34 (KLR)
Court of Appeal of Kenya
16 July 2015
167 words in judgment
AI-assisted case brief
·~1 min to read original · ~4 min briefThe bottom line
#The appeal was withdrawn by agreement, but Budhia Builders must set its 1993 Kisumu case down for hearing within five months or lose it automatically.
What this practically means
#Executive summary
#This was an appeal by Ima Agencies Limited against a ruling of the High Court of Kenya at Kisumu (Gacheche, J.) dated 8th May 2003 in H.C.C.C. No. 23 of 1993. No substantive determination was reached: by consent of counsel for the parties, the Court of Appeal at Kisumu (Musinga, Gatembu Kairu and Murgor, JJ.A.) recorded the withdrawal of the appeal on 16th July 2015. The withdrawal was on terms. First, the respondent, Budhia Builders and Erectors, was ordered to fix High Court civil case No. 23 of 1993, Kisumu for hearing within five months from the date of the order, failing which that suit would stand dismissed with costs to the appellant. Second, the respondent was to pay the appellant's costs of the appeal. Because the appeal was withdrawn by consent before any argument or determination, there are no questions for determination, no holdings, no binding propositions, and no authorities or statutes cited in the judgment. The decision below was neither affirmed, reversed nor varied; the court made no ruling on the merits of the underlying ruling or of the appeal. The practical effect is that the underlying 1993 High Court suit remains live only if the respondent complies with the five-month condition; otherwise it stands automatically dismissed with costs to the appellant.
Key legal issues
#Legal principles established
#Court orders
#- 1.The appeal was withdrawn by consent.
- 2.The respondent shall within five months from the date of the order fix High Court civil case No. 23 of 1993, Kisumu for hearing, and in default that suit shall stand dismissed with costs to the appellant.
- 3.The respondent shall pay the appellant's costs of the appeal.
- On appeal from
- High Court of Kenya at Kisumu
- H.C.C.C. No. 23 of 1993
- Jurisdiction invoked
- Not stated; the appeal was withdrawn by consent before any determination of jurisdiction.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ima Agencies Limited v Budhia Builders & Erectors [2015] KECA 34 (KLR)", Case Analysis (2015). Civil Appeal No. 43 of 2005. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/34/eng@2015-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.